ALEC Civil Justice Task Force

ALEC is a corporate bill mill. It is not just a lobby or a front group; it is much more powerful than that. Through ALEC, corporations hand state legislators their wishlists to benefit their bottom line. Corporations fund almost all of ALEC's operations. They pay for a seat on ALEC task forces where corporate lobbyists and special interest reps vote with elected officials to approve “model” bills. Learn more at the Center for Media and Democracy's ALECexposed.org, and check out breaking news on our PRWatch.org site.

(Until it was disbanded in April 2012, ALEC also operated a Public Safety and Elections Task Force, which adopted such "model" bills as the "Stand Your Ground" bill or "Castle Law" doctrine and the voter ID act. Later in 2012, ALEC launched the "Justice Performance Project" (JPP) in place of the Public Safety and Elections Task Force. The bills associated with the JPP in task force materials obtained by the Center for Media and Democracy and posted by ALEC appear to continue ALEC's modus operandi of promoting the financial interests of the corporations and special interest groups that fund it, such as the American Bail Coalition, according to PRWatch.[1])

This article is about ALEC's Civil Justice Task Force. Corporations can join this task force for $3,000 a year.[2] For model legislation crafted and adopted by the Civil Justice Task Force, go here. For task force directories and meeting agendas, go here.

2012 ALEC Winter Task Force Summit Substantive Agenda

The following model bills were proposed at the Washington, DC conference:

"Fair Share Act" (Presented by Cary Silverman, Shook, Hardy & Bacon, LLP) (This model "provides that each defendant is liable only for damages in direct proportion to that defendant's responsibility.")

"Rational Use of a Product Act" (Presented by Mike Seney, Oklahoma 21st Century and Cary Silverman, Shook, Hardy & Bacon, LLP) (This proposal "clarifies the law as to when a manufacturer or other seller is subject to liability for injuries stemming from misuse of its products: the alleged injury must result from the reasonable, foreseeable misuse of the product.")[14]

2012 ALEC Spring Task Force Summit Substantive Agenda

At the May 2012 ALEC Spring Task Force Summit in Charlotte, North Carolina, the Civil Justice Task Force received a "state legislative reform update" from Matt Fullenbaum, director of legislation for the American Tort Reform Association. Cary Silverman, counsel of Shook Hardy & Bacon LLP and "advisor" to the task force, presented and led a discussion on "Insights into Loser Pays Reforms: Practical Considerations and Misperceptions." Sen. Bill Seitz (R-OH), task force chair, then moderated a roundtable discussion on "Legislative Ideas and Prospects for 2012." Halley Neboschick, a government relations professional at GlaxoSmithKline,[15] presented on "Revisiting ALEC Model Legislation: Joint and Several Liability Reform." Eric Goldberg, mid-Atlantic region vice president of the American Insurance Association,[16] and Charles Ross, shareholder attorney at Wise, Carter, Child & Caraway LLP, led a discussion and vote on the "Resolution in Support of Strengthening the Medicare Secondary Payer System." Jim Copland, the director of the Manhattan Institute's Center for Legal Policy, presented on "A Careful Balance of Justice and Fairness: Securities Litigation Considerations for State Legislators." Charles Ross also led a discussion of "The Attorney General Authority Act."[17]

New model legislation introduced, either for adoption or just for discussion, included:

"Resolution in Support of Strengthening the Medicare Secondary Payer System" (presented by Eric Goldberg of the American Insurance Association and Charles Ross of Wise, Carter, Child & Caraway, LLP) - introduced for adoption[17] (This introduced resolution is on file with CMD. It "supports efforts to amend the federal Medicare secondary payer law (42 U.S.C. § 1395y(b)) by establishing clear procedures for parties to follow when reimbursing Medicare for payments made on behalf of its beneficiaries.")

"The Attorney General Authority Act" (presented by Charles Ross of Wise, Carter, Child & Caraway LLP) - discussed[17] (This discussed act, drafted by Charles Ross, is on file with CMD. It attempts to limit the authority of state Attorneys General. According to Ross, its purpose is to "ensure Attorneys General are constrained by laws setting forth their authority" so that "specific authority shall govern and be exclusive," such as for example, State Antitrust statutes and Consumer Protection Act statutes; and to "ensure Attorneys General cannot bring court suits on behalf of individuals when the individuals could not bring on their own behalf, without filing first with an administrative agency," such as, for example, with regard to insurance rates and regulated utility rates.)

2011 ALEC States & Nation Policy Summit Substantive Agenda

At the December 2011 ALEC States & Nation Policy Summit in Scottsdale, Arizona, the Civil Justice Task Force received a "state legislative reform update" from Matt Fullenbaum, director of legislation for the American Tort Reform Association. Walter Olson, Senior Fellow at the Cato Institute, presented on his new book, Schools for Misrule: Legal Academia and an Overlawyered America, at the 2011 ALEC States & Nation Policy Summit in Scottsdale, Arizona. Victor Schwartz, task force co-chair and a partner at Shook Hardy & Bacon LLP as well as general counsel to the American Tort Reform Association, presented on "greenhouse gas public nuisance litigation," as ALEC described it, and "whether courts or the legislature should be responsible for greenhouse gas regulation." Dan Greenberg, attorney and senior counsel for the Center for Class Action Fairness, presented on "the work of the Center for Class Action Fairness to prevent settlement abuse." Antonio Dias, a Partner at Jones Day (a major international law firm and tobacco industry agent), spoke on "emerging issues in qui tam lawsuits in the education sector." Oriana Senatore, special counsel of the US Chamber of Commerce Institute for Legal Reform, presented on a study commissioned by the US Chamber Institute for Legal Reform "measuring the effects of legal reform on economic performance." Eric Goldberg, mid-Atlantic region vice president of the American Insurance Association,[18] and Charles Ross, shareholder attorney at Wise, Carter, Child & Caraway LLP, spoke on "keeping government from preventing reasonable settlements." Sen. Bill Seitz (R-OH), task force co-chair, moderated a discussion on "legislative victories in 2011 and prospects for 2012."[19]

2011 ALEC Summer Task Force Summit Substantive Agenda

The following model bills were proposed at the New Orleans conference:

"The Phantom Damages Elimination Act" (Presented by Cary Silverman, Shook Hardy & Bacon, LLP) (This proposal seeks to "prevent compensatory damage awards for medical expenses from including amounts that the claimant has not and will not pay for such medical care or treatment.")

"The Promoting Merit in “Merit Selection” Act" (Presented by Page Faulk, US Chamber Institute for Legal Reform) (This proposal seeks to "restore the “merit” in merit selection and promote diversity, transparency and public participation in the judicial nomination and selection process, ensuring an independent, impartial and competent judiciary.")

"The Employer Good Faith and Safe Harbor Act" (Presented by Rep. Marvin Kleeb of Kansas) (This proposal, "seeks to create business friendly environments in states so business resources can be spent on growth and job creation rather than on litigation, regulations and red tape.")[20]

2011 ALEC Annual Meeting Substantive Agenda

From the 2011 ALEC Annual Meeting Program: "Focusing on tort reform as a means to economic stability, Civil Justice Task Force members will hear about numerous innovative legal reforms. On the agenda are reforms tried in Texas and Florida this year; the Phantom Damages Elimination Act, which seeks to align economic damages in medical cases with prices actually paid as opposed to sticker prices; legislation geared toward promoting best practices in selection of judges for those states with 'merit selection' systems; and legislation creating a legislation safe harbor for employers voluntarily creating and setting employment standards. The Task Force will also hear presentations about recent U.S. Supreme Court rulings that may affect state tort systems and about troubling 'lawsuit lending' practices. With the intent to explore the policy arena of workers' compensation, Task Force members will also hear an introductory presentation to spark what we hope will be a constructive conversation.[21]

Co-Chairs

Shook, Hardy & Bacon LLP is an international law firm with branches in the United States and internationally, with headquarters in Kansas City, MO. Shook, Hardy & Bacon has expertise in corporate litigation related to climate change, nanotechnology and pressures on global water supplies as well as in tort reform. They represent coal and other energy industry companies in efforts to prevent the enacment of legislation to curb carbon pollution.[25] Philip Morris, now Altria Group, is a longtime client;[26] as are pharmaceutical companies Eli Lily and Company, Amgen, Bristol-Myers Squibb, GlaxoSmithKline, Sanofi-Aventis, Guidant and Wyeth;[27] Sprint Nextel;[28] and Microsoft.[29] In 2010, Shook, Hardy & Bacon's PAC gave $5,400 to Republicans and $500 to Democrats.[30] In addition to Victor Schwartz's active participation in ALEC activities, fellow partners Mark Behrens and Phil Goldberg have been Advisors to ALEC's Civil Justice Task Force.[31][32]

Oriana Senatore (Special Counsel, US Chamber Institute for Legal Reform[46]), presented "Lawsuit Lending Around the Country" at Civil Justice Task Force Meeting at the 2011 ALEC Annual Meeting in New Orleans, LA,[22] and presented on a study commissioned by the US Chamber Institute for Legal Reform "measuring the effects of legal reform on economic performance" at the 2011 ALEC States & Nation Summit in Scottsdale, AZ.[19]

Politicians

Judge Richard A. Bandstra (Michigan 3rd Court of Appeals through January 2003), Former "Public Sector Chairman" (year unknown) when he was a Michigan state representative from Grand Rapids (1985-1994)[52]

Gregory A. Brower (United States Attorney for the District of Nevada, former Nevada State Legislator), Former Member[53]

ALEC is a corporate bill mill. It is not just a lobby or a front group; it is much more powerful than that. Through ALEC, corporations hand state legislators their wishlists to benefit their bottom line. Corporations fund almost all of ALEC's operations. They pay for a seat on ALEC task forces where corporate lobbyists and special interest reps vote with elected officials to approve “model” bills. Learn more at the Center for Media and Democracy's ALECexposed.org, and check out breaking news on our PRWatch.org site.